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Home My WebLink About07-2955IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. EMMETT W PRICE DOTTY N PRICE COMPLAINT IN CIVIL ACTION Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05699251 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. EMMETT W PRICE DOTTY N PRICE Defendants Civil Action No ~ 7- ~ 9 ~~ ~ ~'~`" COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THI5 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 . 2. Defendants are adult individual(s) residing at the address listed below: EMMETT W PRICE 512 S PITT ST CARLISLE, PA 17013 DOTTY N PRICE 512 S PITT ST CARLISLE, PA 17013 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 6011002547529446 A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants made use of said credit card and currently has a balance due and owing to Plaintiff, as of January 29, 2007 in the amount of $3888.82 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that.such attorneys' fees will amount to $500.00. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, EMMETT W PRICE and DOTTY N PRICE jointly and severally, in the amount of $3888.82 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys' fees of $500.00, and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. ;~ Jame armbrodt PA .D #42524 T AN, WEINBERG & REIS CO., L.P.A. 2 18 oppers Building 36 S venth Avenue itt urgh, PA 15219 (4 1434-7955 THIS IS AN ATTEMPT TO COLLECT ~A ~3EBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE V Payment Due Date November 14, 2006 15 SDSN6A01 0005449 EMMETT PRICE DOTTY PRICE ~s~99Zs~ 512 S PITT ST CARLISLE PA 17013-3820 Please make check payable to Discover Card. Minimumpa ment due includes a past due amount of $938.00. Consolidate bills quickly and securely with a Balance Transfer to your Discover Card - Call1-877-353-0989 or visit Discovercard.com/balancetransfer TODAY! PO BOX 15251 ~~~rrr~~unn~~r~r~n~n~~ ppaa WILMINGTON DE 19886-5251 above o go to Discove ca do om Printyouhe-mailnaddress to ~~~~~~~'~"~r'~'~r'~ri~~ri'~'~'r'~'~'~'~"'~~~~~i~rir~~~~~~ri~ receive important Account information and special offers. 000006011002547529446038888200000000388882 Discover Card Account Summary Closing Date: October 15, 2006 page 1 of 2 Account Number 601 1 0025 4752 9446 Previous Balance $3 888.82 Payment Due Date November 14, 2006 Payments And Credits , _ p 00 Minimum Payment Due $3,888.82 Purchases . + 0 00 Credit Limit $4,100.00 Cash Advances . + 0 00 Credit Available $21 1.00 Balance Transfers ~ . + 0 00 Cash Credit limit $0.00 Finance Charges . + 000 Cash Credit Available $0.00 New Balance = $3,888 82 ~ /i Cashback Bonus® eN Cah ~ 0 ~ N , ock Bonus Earned 0.00 Cashback Bonus Balance $ 0.00 CashbockBonus~Anniversary--------------------- -- AvallableioRedeem____________ _____$___..____0.00___ _ Date: November 15 How Can We Help You? For Account Inquiries, write fo us at: Please have your Discover Card available. Discover Card, PO Box 30943 Sah lake City, UT 84130 Manage your account online at Discovercard.com C ustomer Service; 1$00-DISCOVER (1$00.347-2683) TDD (telecommunications Device for the Deaf1: For assistance, see reverse side. T 1 ransaCi'I~nS $0 fraud L'labllity Guarantee Use your Discover Card with confidence. Information For You The address provided in your Cardmember Agreement ro request a beneficiary designation form For your Scheduled Air Travel Accident Insurance has changed. The new address is AIG Accident & Health Division, 300 South Riverside Plaza, Suite 2100, Chicago, Illinois 60606-6613. While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was kite, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and anY dial balance transfer rate, and applied the standard APR For purchases to Your outstanding balance of _ _ _ _ _ _ _ 'purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement For details. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins . (Name) Accounts Manager of Discover Financial Services, LLC., plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. i~~ (Signature) WWR # 5699251 EMMETT W PRICE 6011002547529446 ~j ~, T J ~. t~ _~~ - .....1 ~_ __ ~ ~1Z _ '~ ~,Ii ~ S1 e~ _ ~ b ~ _y v r n~ ` f :,`;~ ~ ~ ~ .~ 4 ,~ M ~ W °Sc1 .' .: -G n SHERIFF'S RETURN - REGULAR CASE NO: 2007-02955 P c COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PRICE EMMETT W ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PRICE EMMETT W was served upon DEFENDANT at 0845:00 HOURS, on the 6th day of June at 1235 CEMETERY AVENUE CARLISLE, PA 17013 EMMETT PRICE by handing to a true and attested copy of COMPLAINT & NOTICE the 2007 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 c.1 I s' o-~ ~~,,, 3 2.8 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/07/2007 WELTMAN WEINBERG EIS By: eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR f._. CASE N0: 2007-02955 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PRICE EMMETT W ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r» T r~ r~nmmv rT the DEFENDANT at 0825:00 HOURS, on the 6th day of June 2007 at CARLISLE HOTEL 1700 HARRISBURG PIKE CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 4 ~~5~~'f ~~-.. .00 2 0. 8 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/07/2007 WELTMAN WEINBERG E By: eputy Sheriff A.D. IN TI-IE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DfVISION DISCOVER BANK Plaintiff vs. EMMETT W PRICE DOTTY N PRICE Defendants No. 07-2955-CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE FILED ON BEE-(ALF OF Plaintiff COUNSEL OF RECORD OF T'1-E1S PAR'T'Y: William T. Molczan, Esquire PA 1.D. #47437 Vl'ELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 W WR#05699251 IN THE COURT Ot' COMMON PLEAS CUIVIBERL,AND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 07-2955-CIVIL TERM EiV1M:E"I'T W PRICE DOTTY N PRICE Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle and Discontinue the above captioned matter upon the records of the Court and mark the cost paid. W EL.,TMAN, W EINBERG &REIS CO., L.P.A. William T. Mo zacl squire PA I.D. #47437 WELl'MAN, WEINI3ERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed Before m the vZ3 Dav of , TARY . C W W R#05699251. COMNiC3N"vV~/~~ Thl CAF ~~hJ6VSYLVANIA `~~ t. "?,tit:,, ssivn .~;';:;.; ('~ ~. rv a ~.._ tip :'- ! ~ri ~ . ~ ,~ ~ ~ ~